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| “Ghulam Kashmir Integral Part of India” | |
Dr. Syed Nazir Gilani
Prime Minister Narendra Modi has pledged during his election campaign that he would follow the Vajpayee doctrine in dealing with J&K. Vajpayee had said that “Kashmir issue will be resolved within the ambit of humanity (Insanyet Kay Dairey Ma Kashmir Maslay Ka Hal Nikalaey Geay). In regard to the external dimension of Kashmir problem Vajpayee had adopted a policy of reconciliation saying (Hum Doost Badel Saktay Hain Humsaya Nahi).” The two elements of Vajpayee doctrine remain valid and have a future.
People in India and people in Pakistan have a common interest to see that Narendra Modi Government remains on course. There are a third people, the people of Jammu and Kashmir who may not have enough patience to see any misdirection of wisdom by any individual or component in the BJP Government. There are reports that the Narendra Modi government is weighing a proposal to rename Pakistan occupied Kashmir (PoK) as Pakistan occupied Jammu Kashmir (PoJK). There is a focus (and it should be a priority) on the return and rehabilitation of Kashmiri Pandits displaced during the start of militancy in Kashmir.
Ghulam Kashmir
Kashmir is presently distributed under three administrations. We usually name them as J & K, AJK and Gilgit and Baltistan. In fact the way forward in this regard is the manner in which these areas have been documented in UN debates and Resolutions. At a less controversial note these areas are designated as Indian and Pakistani administered parts of Jammu and Kashmir.
Confirming the reports that Modi Government is considering to rename Pakistan Occupied Kashmir (PoK) as Pakistan occupied Jammu Kashmir (PoJK), the BJP leader and MLA Ashok Khajuria has said that it would “define the relation of entire Kashmir with the mainland of India.” “Ghulam Kashmir (slave Kashmir) which is in Pakistan’s occupation is an integral part of India.”
There is a risk that elements in Modi Government with a non-reliable understanding of Kashmir Case and others tethered to communal understanding of Kashmir, may misdirect their wisdom in relation to the jurisprudence of the three administrations of Jammu and Kashmir and in respect of the manner of representation of Kashmiri Pandits and their rehabilitation in their own homes in Kashmir.
As a start Ashok Khajuria’s understanding of the “Ghulam Kashmir” or integration and rehabilitation of Kashmiri Pandits does not have a merit and even if it had a grain of common sense it would not complete the circle of wisdom on Jammu and Kashmir. His understanding of the territorial composition of the State is not in accordance with article 4 of the Jammu and Kashmir Constitution adopted on 17 November 1956.
At a time when the Muslims in Kashmir have lost a generation in the last 23 years, Kashmiri Pandits have lost their homes and when the Indian application made to the UN SC in January 1948 is pending final adjudication, any fixed and self-serving stand on Jammu and Kashmir or any part of it is unhelpful. There is no dispute that Jammu and Kashmir State has entered into a provisional accession agreement with the Government of India on 26 October 1947 so that the latter is able to perform some support duties (four in number) in the State. The said agreement has been placed for final adjudication before the UN SC in January 1948 and as a consequence United Nations has outsourced a part of its mechanism to India and Pakistan. The outsourcing is specific and it has allowed a temporary residence to Indian machinery in a part of Kashmir.
National Conference Government’s State Autonomy Committee Report has established that Jammu and Kashmir has provisionally acceded to India but has not merged. United Nations has settled this dispute in its Resolution 91(1951) of 30 March 1951 cautioning Jammu and Kashmir Assembly that it elects itself from only a part of the State and therefore embeds incompleteness. The same Resolution has cautioned the J & K Assembly that any of its decisions in regard to the future Status of the State would be invalid and could not be a substitute for the manner in which UN has decided to settle the right of self-determination. This infirmity in the legislative or constitutional authority of any Constituent Assembly is envisaged in article 48 of J & K Constitution as well.
Integral Part
Jammu and Kashmir Legislative and Constituent Assembly has been placed under caution by the UN on 30 March 1951. Therefore, the adoption of the J & K Constitution on 17 November 1956 during the currency of the UN caution makes the whole exercise of declaring the State an integral part of India seriously imperfect. In fact the adoption of J & K Constitution on 17 November 1956 is at variance to the obligations entertained by the Government of India under UN and UNCIP Resolutions.
“Ghulam Kashmir” in fact is administered by the Government of Pakistani under its assumed responsibilities under UNCIP Resolutions. AJK Act 1974 sets outs the manner of assumption of trust obligations by the Government of Pakistan under UNCIP Resolutions. One may query the vires of the manner of discharge of these trust obligations but in 2014 the desire to rename Pakistan Occupied Kashmir (PoK) as Pakistan occupied Jammu Kashmir (PoJK) has no merit.
AJK is not the carpet size piece of land. It inhabits people, has progressing institutions and in many areas the people are more prosperous than their brethren in J & K. The post-earth quake construction has brought the area in close proximity to countries like Turkey, Saudia, USA and Europe. It may not be enough for the quality of life but surely it seems to be posing a confident challenge to the process of life in which a common man and woman seem to be stuck in the Valley for the last 23 years.
Life Below Poverty Line
Leadership in BJP should stay on course of Vajpayee doctrine and avoid misdirecting its wisdom. People migrate or integrate in order to graduate in the quality and dignity of life. The people of Jammu and Kashmir have yet to exercise their right to decide whether to integrate or not to integrate with India. UN has outsourced the responsibility to the Government of India to assist the J & K Government to create conditions so that the people of Jammu and Kashmir are able to express their choice on any one of the three choices contained in the Indian submissions made at the UN Security Council.
BJP Government should start expressing its urgent concern on the report of National Sample Survey Office (NSSO) of the Union Ministry of Statistics and Programme Implementation, which shows a disturbing increase in the poverty rate in Jammu and Kashmir (administered by India) during 2011-12 compared to 2009-10. The report shows that Jammu and Kashmir has around 13.27 lakh people living below the poverty line. “The state has 10.73 lakh population falling under BPL category in rural areas and another 2.53 lakh such people living in urban pockets “.Kupwara, Baramulla are the poorest Districts in state. According to the Economic Survey of 2010 about one fifth of the population in J&K has fallen Below Poverty Line (BPL). About 98 per cent among them are living in the rural areas. People need to be freed from poverty and renamed as prosperous. There is no merit in renaming AJK from POK to POJK.
Kashmiri Pandits
The loss of home is the worst thing that could happen to a human being or an animal . We regret that the Kashmiri Pandits have suffered a displacement. However, the BJP Government should take extra measures to ensure that their rehabilitation is considered as their right and they should not err to ride on a ‘communal engine’ that spews hatred on their way home. Rehabilitation of Kashmiri Pandits needs a special interest and should remain a priority. However, it should not eclipse the fact that there are five generations of Muslim Refugees displaced since 1947. They are living in AJK and in Pakistan. The 1990 displacement was suffered by some Muslim families as well. Muslims left behind have borne the brunt of massive suffering.
UN has a mechanism for the return and rehabilitation of these refugees. The task to ensure their return and rehabilitation in safety and in dignity has been enshrined in the UN Resolution of 21 April 1948. There may be elements within Pandit community and many others in BJP who would like to exploit the return of Kashmiri Pandits. There are many Pandits who have succeeded to sell their tragedy in various States of India and abroad and have exacted the best benefits. They would not have a true desire to return and would maintain a fake semblance to whip the sense of victimhood. It is the duty of BJP Government, J & K Government and a duty of every citizen of J & K to contribute generously in all manner for the safe return and rehabilitation of Kashmiri Pandits.
The two Kashmiri Governments at Muzaffarabad, Gilgit and Government of Pakistan through AJK Council should also consider the question of five generations of refugees and the question of rehabilitation of Kashmiri Pandits as well. It would be in the interests of the three people, that Modi Government builds on Vajpayee Doctrine and turns back from misdirecting its wisdom on the habitat and people of Kashmir. It should display vision and courage to start shortlisting the areas of maximum agreement and minimum disagreement. BJP and other radicals should not have any difficulty in admitting that if Pakistan can’t win a war against India, the latter (India) can’t defeat the former (Pakistan) either.
(The writer is Secretary General – JKCHR, NGO in Special Consultative Status with the United Nations)
(Article posted by M. Ashraf,Public Relations Officer Kashmir Chapter – JKCHR,Peer Bagh, SrinagarKashmir – India)
(Opinions expressed in write-ups/articles/Letters are the sole responsibility of the authors and they may not represent the scoopnews.in)
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